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Show 274 DBSI'OTISM and rf'gulation of seamen in the merchant ~ervice," chiefly modelled after th~ E1~gl i ~h ac~s ~f ~1ar!1arnents on t hat subject, ami ol winch the Jt h. sectwn contained the following provisi?ns: "That 1f any 8Camau or mariner, who shall have ~qgned a contract. to perform a voyage, !Shall, at any port. or place, dcs~rt, or shall absent himself from such s h1p or vessel w 1thou1 leave of the master, or officer commanding in. th~ absence of the master it shall be lawful for a ny JUStice of the peace w ithin 'th_c Unit~d State!:! (upon complaint of the master) to 1ssuc h1s warrant to. apprehend ~~c.h deserter, and bring him before snch JUStice; a_nd il It shall then appear, by due proof, that l.1e has SJ ~ned a contract within the intent and meamng of th1s act, and that the voyage agreed for is not fini shed, altered, or the contract otherwise dissolved, and that such seaman or mariner has deserted t he ship or vessel, or absented himself without leave, the said justice shall cor11mit him to t he house of correction or common jail of the cjty, town, or place, t here to remain until the said ship or vessel shall be ready to proceed on her voyage, or till t he master sha ll require his dischar.gr, and then to be delivered to the said master, he paymg all the costs of such commitment, and deductin~ th~ same out of the wages due to :;uch seaman or manner. Now, 1\fr. Cabot, one of the members of the com· millec of tbrce by which the act of 1793 was reported, was not only a merchant, but he had been a shipma~tcr; and it was undoubtedly he who suggested to Ius colleagues this provision respecting fugitive seame1~ , ao a model to be followed in the case of other fugi· ti ves from labor. Hence the 3d section of the act of 1793, which provides," That when a .per~on held to labor in a ny of t he l)nited Stales, or 111 either of the tPrritorie.s on t he north-west or south of t he nvcr Oh1o, under the Jaws thereof, shall c~ca pe into any ot.hcr of t he said states, or territory, t he person to whom such labor or service may be due, his agent or attor.u?y, is hereby empowered to seize or arrest such fu~1t1 ve from labor, and to take him or her before any Judge 1:-J .t\f•lERlCA. 275 of the Circuit or Di:;trict Courts of the United States resid.ing or being within t~e state, or before a nY, mag1s!rate ?f a_ county, c1ty, or town corporate, wht'rem such se1zure or arrest shall be made· and upon p~oof to the !!atisfa~tion of such judge or ~agist rate, e1t.her by oral testimony, or aflidavit taken before a~d certified by a magistrate of any such state or terntory, t hat the person so seizod and arrested dot_h, under the Jaws of the state or territory from whiCh he or she fled, owe service or labor to the persou claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, hi$ agrnt or attorney, which sha ll be sufficient warrant for removing the said fuO'itive from labor to the state or territory from which0 he or she fled." The fourth and last section of the act imposes a penalty of five hundred dollars, to be recovered in any court proper to try the same, for the benefit of the claimant, from any one who should obstruct him in rt>sc1:1ing his fugitive, or should rescue such fugi tive from h1m, or should ha rbor or conceal such fugitive after notice that he was cla imed as such. ' As the resemblance is suflic iently obvious between the provision for arresting fugitive seamen and that for arresting other fugitives from labor, so the diRer~ encf' of procedure in the two cases is easily ex pla ined. I.n the latter case, t here bl"ing no documentary evidence like the shipping pa per to go upon, no action was to be taken by the judge or magistrate till after the arrest. The whole respon, ibility of that, and of takin~ care t? seize nobody to whose services be had not~ legal n ght, was very properly thrown upon the cla imant, who was thus precluded from mal<ing use of process of arrest obtained on his own bare oath or other ex parte evidenee, for any fraudul ent or kidnapping purposes-a particular in which there is an essential difterence between the act of 1793 and that of 1850. 'I'.he intention of the act for the arrest of fugitive manner•, and that of 1793 for t he arrest of fugitives |